[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3035 Reported in Senate (RS)]
<DOC>
Calendar No. 283
117th CONGRESS
2d Session
S. 3035
[Report No. 117-82]
To establish the Artificial Intelligence Hygiene Working Group, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 21, 2021
Mr. Peters (for himself and Mr. Portman) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
February 28, 2022
Reported by Mr. Peters, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the Artificial Intelligence Hygiene Working Group, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Government Ownership and
Oversight of Data in Artificial Intelligence Act of 2021'' or the
``GOOD AI Act of 2021''.</DELETED>
<DELETED>SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL
INTELLIGENCE IN GOVERNMENT.</DELETED>
<DELETED> (a) Definitions.--In this Act:</DELETED>
<DELETED> (1) Agency.--The term ``agency'' has the meaning
given the term in section 3502 of title 44, United States
Code.</DELETED>
<DELETED> (2) Appropriate congressional committees.--The
term ``appropriate congressional committees'' means--</DELETED>
<DELETED> (A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and</DELETED>
<DELETED> (B) the Committee on Oversight and Reform
of the House of Representatives.</DELETED>
<DELETED> (3) Artificial intelligence.--The term
``artificial intelligence'' has the meaning given the term in
section 238(g) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358
note).</DELETED>
<DELETED> (4) Artificial intelligence system.--The term
``artificial intelligence system''--</DELETED>
<DELETED> (A) means any data system, software,
application, tool, or utility that operates in whole or
in part using dynamic or static machine learning
algorithms or other forms of artificial intelligence,
including a data system, software, application, tool,
or utility--</DELETED>
<DELETED> (i) that is established primarily
for the purpose of researching, developing, or
implementing artificial intelligence
technology; and</DELETED>
<DELETED> (ii) for which the artificial
intelligence capability is integrated into
another system or agency business process,
operational activity, or technology system;
and</DELETED>
<DELETED> (B) does not include any common or
commercial product within which artificial intelligence
is embedded, such as a word processor or map navigation
system.</DELETED>
<DELETED> (5) Director.--The term ``Director'' means the
Director of the Office of Management and Budget.</DELETED>
<DELETED> (b) Guidance for Agency Use of Artificial Intelligence.--
</DELETED>
<DELETED> (1) In general.--In developing an update under
section 104(d) of the AI in Government Act of 2020 (40 U.S.C.
11301 note) to the memorandum issued under subsection (a) of
that section, the Director shall consider--</DELETED>
<DELETED> (A) the considerations and recommended
practices identified by the National Security
Commission on Artificial Intelligence in the report
entitled ``Key Considerations for Responsible
Development and Fielding of AI'', as updated in April
2021;</DELETED>
<DELETED> (B) the principles articulated in
Executive Order 13960 (85 Fed. Reg. 78939; relating to
promoting the use of trustworthy artificial
intelligence in the Federal Government); and</DELETED>
<DELETED> (C) the input of--</DELETED>
<DELETED> (i) the Privacy and Civil
Liberties Oversight Board;</DELETED>
<DELETED> (ii) relevant interagency
councils, such as the Federal Privacy Council,
the Chief Information Officers Council, and the
Chief Data Officers Council;</DELETED>
<DELETED> (iii) other governmental and
nongovernmental privacy, civil rights, and
civil liberties experts; and</DELETED>
<DELETED> (iv) any other individual or
entity the Director determines
appropriate.</DELETED>
<DELETED> (2) Sunset.--This subsection shall cease to have
force or effect on the date that is 4 years after the date of
enactment of this Act.</DELETED>
<DELETED> (c) Artificial Intelligence Hygiene and Protection of
Government Information, Privacy, Civil Rights, and Civil Liberties.--
</DELETED>
<DELETED> (1) Establishment.--Not later than 45 days after
the date of enactment of this Act, the Director shall establish
a working group to be known as the ``Artificial Intelligence
Hygiene Working Group''.</DELETED>
<DELETED> (2) Membership.--The Director shall appoint
members to the Artificial Intelligence Hygiene Working Group
from among members of appropriate interagency
councils.</DELETED>
<DELETED> (3) Implementation.--Not later than 1 year after
the date of enactment of this Act, the Director, in
consultation with the Artificial Intelligence Hygiene Working
Group, shall implement a means by which to--</DELETED>
<DELETED> (A) ensure that contracts for the
acquisition of artificial intelligence and artificial
intelligence systems--</DELETED>
<DELETED> (i) align with the memorandum
issued, and periodically updated, by the
Director under subsections (a) and (d),
respectively, of section 104 of the AI in
Government Act of 2020 (40 U.S.C. 11301
note);</DELETED>
<DELETED> (ii) address the protection of
privacy, civil rights, and civil
liberties;</DELETED>
<DELETED> (iii) address the ownership and
security of data and other information created,
used, processed, stored, maintained,
disseminated, disclosed, or disposed of by a
contractor or subcontractor on behalf of the
Federal Government; and</DELETED>
<DELETED> (iv) include requirements for
securing the training data, algorithms, and
other components of any artificial intelligence
system against--</DELETED>
<DELETED> (I) misuse;</DELETED>
<DELETED> (II) unauthorized
alteration;</DELETED>
<DELETED> (III) degradation;
or</DELETED>
<DELETED> (IV) being rendered
inoperable; and</DELETED>
<DELETED> (B) address any other issue or concern the
Director determines relevant to ensure--</DELETED>
<DELETED> (i) the appropriate use of
artificial intelligence and artificial
intelligence systems; and</DELETED>
<DELETED> (ii) the protection of privacy,
Federal Government data, and other information
of the Federal Government.</DELETED>
<DELETED> (4) Updates.--On a continuous basis, not later
than 2 years after the date of enactment of this Act, and not
less frequently than once every 2 years thereafter, the
Director shall update the means implemented under paragraph
(3).</DELETED>
<DELETED> (5) Briefing.--Not later than 90 days after the
date of enactment of this Act, quarterly thereafter until the
date on which the Director implements the means required under
paragraph (3), and annually thereafter, the Director shall
brief the appropriate congressional committees on the
implementation of this subsection.</DELETED>
<DELETED> (6) Sunset.--This subsection shall cease to have
force or effect on the date that is 10 years after the date of
enactment of this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Ownership and Oversight
of Data in Artificial Intelligence Act of 2021'' or the ``GOOD AI Act
of 2021''.
SEC. 2. PRINCIPLES AND POLICIES FOR USE OF ARTIFICIAL INTELLIGENCE IN
GOVERNMENT.
(a) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning given the
term in section 3502 of title 44, United States Code.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(B) the Committee on Oversight and Reform of the
House of Representatives.
(3) Artificial intelligence.--The term ``artificial
intelligence'' has the meaning given the term in section 238(g)
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 2358 note).
(4) Artificial intelligence system.--The term ``artificial
intelligence system''--
(A) means any data system, software, application,
tool, or utility that operates in whole or in part
using dynamic or static machine learning algorithms or
other forms of artificial intelligence, including a
data system, software, application, tool, or utility--
(i) that is established primarily for the
purpose of researching, developing, or
implementing artificial intelligence
technology; and
(ii) for which the artificial intelligence
capability is integrated into another system or
agency business process, operational activity,
or technology system; and
(B) does not include any common or commercial
product within which artificial intelligence is
embedded, such as a word processor or map navigation
system.
(5) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(b) Guidance for Agency Use of Artificial Intelligence.--
(1) In general.--In developing an update under section
104(d) of the AI in Government Act of 2020 (40 U.S.C. 11301
note) to the memorandum issued under subsection (a) of that
section, the Director shall consider--
(A) the considerations and recommended practices
identified by the National Security Commission on
Artificial Intelligence in the report entitled ``Key
Considerations for Responsible Development and Fielding
of AI'', as updated in April 2021;
(B) the principles articulated in Executive Order
13960 (85 Fed. Reg. 78939; relating to promoting the
use of trustworthy artificial intelligence in the
Federal Government); and
(C) the input of--
(i) the Privacy and Civil Liberties
Oversight Board;
(ii) relevant interagency councils, such as
the Federal Privacy Council, the Chief
Information Officers Council, and the Chief
Data Officers Council;
(iii) other governmental and
nongovernmental privacy, civil rights, and
civil liberties experts; and
(iv) any other individual or entity the
Director determines appropriate.
(2) Sunset.--This subsection shall cease to have force or
effect on the date that is 4 years after the date of enactment
of this Act.
(c) Artificial Intelligence Hygiene and Protection of Government
Information, Privacy, Civil Rights, and Civil Liberties.--
(1) Establishment.--Not later than 45 days after the date
of enactment of this Act, the Director shall establish a
working group to be known as the ``Artificial Intelligence
Hygiene Working Group''.
(2) Membership.--The Director shall appoint members to the
Artificial Intelligence Hygiene Working Group from among
members of appropriate interagency councils.
(3) Implementation.--Not later than 1 year after the date
of enactment of this Act, the Director, in consultation with
the Artificial Intelligence Hygiene Working Group, shall
implement a means by which to--
(A) ensure that contracts for the acquisition of
artificial intelligence and artificial intelligence
systems--
(i) align with the memorandum issued, and
periodically updated, by the Director under
subsections (a) and (d), respectively, of
section 104 of the AI in Government Act of 2020
(40 U.S.C. 11301 note);
(ii) address the protection of privacy,
civil rights, and civil liberties;
(iii) address the ownership and security of
data and other information created, used,
processed, stored, maintained, disseminated,
disclosed, or disposed of by a contractor or
subcontractor on behalf of the Federal
Government; and
(iv) address requirements for securing the
training data, algorithms, and other components
of any artificial intelligence system against--
(I) misuse;
(II) unauthorized alteration;
(III) degradation; or
(IV) being rendered inoperable; and
(B) address any other issue or concern the Director
determines relevant to ensure--
(i) the appropriate use of artificial
intelligence and artificial intelligence
systems; and
(ii) the protection of privacy, Federal
Government data, and other information of the
Federal Government.
(4) Approaches.--In carrying out paragraph (3), the
Director may use 1 or more approach and tailor requirements
based on risk or any other factor determined relevant by the
Director and the Artificial Intelligence Hygiene Working Group.
(5) Updates.--On a continuous basis, not later than 2 years
after the date of enactment of this Act, and not less
frequently than once every 2 years thereafter, the Director
shall update the means implemented under paragraph (3).
(6) Briefing.--Not later than 90 days after the date of
enactment of this Act, quarterly thereafter until the date on
which the Director implements the means required under
paragraph (3), and annually thereafter, the Director shall
brief the appropriate congressional committees on the
implementation of this subsection.
(7) Sunset.--This subsection shall cease to have force or
effect on the date that is 10 years after the date of enactment
of this Act.
Calendar No. 283
117th CONGRESS
2d Session
S. 3035
[Report No. 117-82]
_______________________________________________________________________
A BILL
To establish the Artificial Intelligence Hygiene Working Group, and for
other purposes.
_______________________________________________________________________
February 28, 2022
Reported with an amendment